Projektas yra bendrai finansuojamas iš Prieglobsčio, migracijos ir integracijos fondo metų nacionalinės programos lėšų

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1 EUROPOS SĄJUNGA Projektas yra bendrai finansuojamas iš Prieglobsčio, migracijos ir integracijos fondo metų nacionalinės programos lėšų Project STRATEGIC DOCUMENT ON THE INTEGRATION POLICY FOR FOREIGNERS GRANTED ASYLUM (4 April September 2016) under the National Programme of the Asylum, Migration and Integration Fund for Table of contents I. GENERAL PROVISIONS... 2 II. GOALS AND PRINCIPLES OF THE INTEGRATION POLICY FOR FOREIGNERS GRANTED ASYLUM... 7 III. ENSURING FGA INTEGRATION PROCESSES Employment, labour market and legal activity Education and language Social security and healthcare Civic and political participation Non-discrimination and principle of equal opportunities Public attitudes Family reunification Business and legal activity IV. IMPLEMENTATION OF THE INTEGRATION POLICY AND IMPROVEMENT OF IMPLEMENTATION METHODS V. MONITORING AND EVALUATION OF FGA INTEGRATION VI. FINAL PROVISIONS Prepared by: Vilana Pilinkaitė-Sotirovič Laurynas Biekša Ilona Ivašauskaitė Karolis Žibas 1

2 I. GENERAL PROVISIONS 1. The purpose of the strategic document on the integration policy for foreigners granted asylum ( FGAs ) ( the Document ) is to set the goals, objectives and integration areas of the FGA integration policy in Lithuania, to define the principles and instruments for implementing the integration policy and to establish FGA integration (policy) indicators and evaluation criteria in accordance with the provision that the refugee integration policy is an integral (component) part of the immigration, asylum and foreigner integration policy and a cornerstone of the asylum policy making it possible to employ the existing economic and social asylum (policy and process) capacity. Given the links between the asylum policy and refugee integration processes, the Document associates those processes through specific integration indicators, e.g. the legal status, labour market participation, vulnerability, equal opportunities, naturalisation, etc. The Document is drawn up on the following grounds 2. Legislation of the Republic of Lithuania: the Law of the Republic of Lithuania on the legal status of foreigners ( the Legal Status Law ); the Constitution of the Republic of Lithuania; the Law of the Republic of Lithuania on education; the Law of the Republic of Lithuania on education and studies; the Law of the Republic of Lithuania on health insurance; the Law of the Republic of Lithuania on social integration of the disabled; the Law of the Republic of Lithuania on support in the case of death; the Law of the Republic of Lithuania on child benefits; the Law of the Republic of Lithuania on parliamentary elections; the Law of the Republic of Lithuania on European parliamentary elections; the Law of the Republic of Lithuania on associations; the Law of the Republic of Lithuania on trade unions; the Law of the Republic of Lithuania on assemblies; the Law of the Republic of Lithuania on citizenship; the Law of the Republic of Lithuania on political parties; the Law of the Republic of Lithuania on equal opportunities for women and men; the Law of the Republic of Lithuania on equal opportunities; the Criminal Code of the Republic of Lithuania; the Law of the Republic of Lithuania on duties; the Law of the Republic of Lithuania on individual income tax; the Law of the Republic of Lithuania on support for employment; the Guidelines on the Lithuanian migration policy approved by Resolution No 79 of the Government of the Republic of Lithuania of 22 January 2014; the Action Plan for the implementation of the Foreigners Integration Policy for approved by Order No A1-683 of the Minister for Social Security and Labour; the National Progress Strategy Lithuania 2030 approved by Resolution No XI-2015 of the Seimas of the Republic of Lithuania of 15 May 2012; the National Progress Programme for approved by Resolution No 1482 of the Government of the Republic of Lithuania of 28 November 2012; Resolution No 212 of the Government of the Republic of Lithuania February 2012 approving the Procedure for the recognition of education and qualifications relating to higher education and acquired under educational curricula of other countries and international organisations; Resolution No V-1100 of the Government of the Republic of Lithuania of 5 July 2012 on the recognition of regulated professional qualifications of third-country nationals; the Procedure for granting state support for integration of foreigners granted asylum in Lithuania; the Procedure for issuing, replacing and withdrawing temporary residence permits to foreigners in the Republic of Lithuania and for assessing whether a marriage, a registered partnership, child 2

3 adoption or an undertaking are fictitious approved by Order No 1V-329 of the Minister for the Interior of the Republic of Lithuania of 12 October 2005; the Procedure for child and adult education in bridge classes and in bridge mobile groups for foreigners and nationals of the Republic of Lithuania arriving or returning to live and work in the Republic of Lithuania approved by Order No ISAK-1800 of the Minister for Education and Science of the Republic of Lithuania of 1 September 2005; legislation on education in general education schools for children of foreigners arriving to work or live in the Republic of Lithuania approved by Order No ISAK-789 of the Minister for Education and Science of 4 June Instruments of the European Union ( the EU ): the Common Basic Principles for Immigrant Integration Policy in the EU (19 November 2004); the European Agenda for the Integration of Third-Country Nationals (20 July 2011, COM(2011) 455 final); Regulation (EU) No 516/2014 of the European Parliament and of the Council establishing the Asylum, Migration and Integration Fund ([2014] OJ L 150/168); Council Decision 2008/381/EC establishing a European Migration Network ([2008] OJ L131/7); the Racial Equality Directive ([2000] OJ L 180/22); the Employment Directive ([2000] OJ L 303/16); Directive 2011/95/EU of the European Parliament and of the Council on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted ([2011] OJ L 337/9); Directive 2013/32/EU of the European Parliament and of the Council on common procedures for granting and withdrawing international protection ([2013] OL L 180/60); Directive 2013/33/EU of the European Parliament and of the Council laying down standards for the reception of applicants for international protection ([2013] OJ L 180/96); Regulation (EU) No 604/2013 of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person ([2013] OJ L 180/31); Council Directive 2003/86/EC on the right to family reunification ([2003] OJ L 251/12); the Strategy for equality between women and men (21 September 2010, COM(2010) 491 final); Europe 2020 strategy (3 March 2010, COM(2010) 2020 final). 4. International instruments: the Convention relating to the Status of Refugees and the 1967 Protocol relating to the Status of Refugees (Official Gazette, 1997, No ); the Convention of the Council of Europe on the participation of foreigners in public life at local level (5 February 1992, CETS No 144); ILO Conventions on labour migration (ILO, 1949) and No 143 concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers (ILO, 1975); the International Convention on the Elimination of All Forms of Racial Discrimination (Official Gazette, 1998, No ); the European Social Charter (Official Gazette, 2001, No ); the European Convention for the Protection of Human Rights and Fundamental Freedoms (Official Gazette, 2011, No ); the International Covenant on Civil and Political Rights (Official Gazette, 2002, No ); the International Covenant on Economic, Social and Cultural Rights (Official Gazette, 2002, No ). 3

4 5. Article 34 of the 1951 Refugee Convention setting out that the Contracting States are as far as possible to facilitate the assimilation and naturalisation of refugees. The 1951 Refugee Convention gives refugees solid grounds on which they can gradually regain social and economic independence necessary for going on with their lives. The logic of the system established by the Convention is as follows: in the course of time and with the bonds and links between refugees and the host State becoming stronger, they should be enabled to enjoy rights that are more versatile. In this respect, Conclusion No 104 of the UNHCR Executive Committee urges the Contracting States to facilitate, as appropriate, the integration of refugees and recalls that this may require additional effort (UNHCR 2014). 6. Experts, which have been drafting The strategic document on the integration policy for foreigners granted asylum, had the opportunity to consult with Governmental institutions and nongovernmental organisations in Lithuania and international organisations, such as The United Nations Regional Representation for Northern Europe in Stockholm, Sweden. Comments, which have been provided by the abovementioned institutions, are of the key importance for the Document. Especially, experts are grateful to The United Nations Regional Representation for Northern Europe, which, due to close cooperation, has contributed to the improvement of the Document. Key definitions and the target group Integration and integration policy 7. The Lithuanian Migration Policy Guidelines (2014) set out that the foreigner integration policy is to be implemented in accordance with the following principles: assuring human rights and equal opportunities in all areas of life; granting the permanent residence status and/or citizenship; reducing social inequality, vulnerability and exploitation; monitoring working and living conditions; strengthening representation (the Migration Policy Guidelines 2014). 8. The strategic document for the integration of third-country nationals (2015) defines the integration of foreigners as a mutual adaptation process between foreigners and the host State and the society ensuring the rights and equal opportunities for foreigners to participate in promoting national welfare and to use national and public resources in the labour market and in the areas of education, healthcare, social security and political and civic participation (the TCN Strategic Document 2015). 9. The strategic document for the integration of third-country nationals also defines the concept of the foreigner inclusion policy. The integration policy is the entirety of existing legislation and integration measures and activities of participating authorities, non-governmental and foreign organisations seeking to ensure equal rights, duties and opportunities for foreigners to participate in various governmental and public life areas (labour market and employment, education, healthcare, social security, political and civic participation, anti-discrimination and equal opportunities), to reduce social inequality and exclusion, vulnerability and exploitation (the TCN Strategic Document 2015). 4

5 10. The procedure for the integration of foreigners granted asylum (2015) defines state support for integration in Lithuania as the entirety of measures envisaged to provide foreigners granted asylum with the same opportunities to support themselves and to participate in public life like other members of the public (the FGA Integration Procedure 2015). 11. The procedure for the integration of foreigners granted asylum (2015) also stipulates that integration of foreigners granted asylum is a process of adaptation of a specific person or family in a foreign environment which starts at a reception centre for refugees and continues in a municipal territory and during which the person (family) receives, as appropriate, educational, medical, social and other services to enable that person (family) to join the community and the labour market (the FGA Integration Procedure 2015). 12. It should be noted that the concepts of integration defined in all of the above documents are essentially appropriate and there is no need to introduce a single concept of integration so that it would be possible in each individual document to highlight those elements of integration that are the most relevant to the area governed by the respective document. That said, given the long-term prospects of integration and international commitments, the recommendation is to expand the concept of integration with aspects of political and civic participation of FGAs and of acquiring citizenship under preferential conditions and with their detailed description. 13. Given the topical nature of the concept of integration, the Document covers the following areas of integration of foreigners: employment and labour market, education, healthcare, social security, civic and political participation (acquisition of citizenship), implementation of the principles of non-discrimination and equal opportunities, creating positive public outlook, family reunification and business/legal activity. Asylum in Lithuania: the refugee status and subsidiary protection 14. Asylum in the Republic of Lithuania is the refugee status or subsidiary protection granted in accordance with the grounds and procedure laid down in the Legal Status Law (Article 2(23) of the Legal Status Law). 15. A refugee is a foreigner who is granted the refugee status in accordance with the procedure laid down in the Legal Status Law (Article 2(18) of the Legal Status Law). Article 86(1) of the Legal Status Law sets out that the refugee status is granted to an asylum seeker who, for a well-founded fear of being persecuted because of race, religion, ethnicity, belonging to a certain social group or political conviction, is out of his or her state of nationality and cannot or is afraid to use the protection of that state or does not hold relevant foreign citizenship, or is out of the state of permanent residence and for the above reasons cannot or is afraid to return. The refugee status is not granted to persons meeting the criteria of Article 86(1) of the Legal Status Law where any of the circumstances listed in Articles 88(1) and (2) of the Legal Status Law are established. In accordance with Article 53(1)(7) of the Legal Status Law, a foreigner 5

6 granted the refugee status is issued a permanent residence permit in Lithuania renewed every 5 years. 16. The subsidiary protection status: in accordance with Article 87(1) of the Legal Status Law, subsidiary protection is granted to an asylum seeker who is out of his or her country of origin and cannot return for a well-founded fear of: (1) torture, cruel or degrading treatment or deprivation of dignity or other punishment; (2) a threat of capital punishment or execution; (3) a serious and individual threat to life, health, safety or freedom relating to violence in situations of international or internal armed conflict. Subsidiary protection is not granted to persons meeting the criteria of Article 87(1) of the Legal Status Law where any of the circumstances listed in Articles 88(1) and (3) of the Legal Status Law are established. In accordance with Article 40(1)(9) of the Legal Status Law, a foreigner granted the subsidiary protection status is issued a temporary residence permit in Lithuania renewed every 2 years (Article 48(2) of the Legal Status Law). 17. Family members: Article 2(26) of the Legal Status Law sets out that family members include a spouse or a person with whom there is a registered partnership contract, minor children (stepchildren) ( children ) including minor children of a spouse or a person with whom there is a registered partnership contract unless they are married and independent of their parents as well as first-degree direct ascendants supported for at least one year and unable to use the support of other family members residing abroad. 18. Vulnerable persons: Article 2(181) of the Legal Status Law sets out that a vulnerable person is a person with special needs (e.g. a minor, a disabled person, a person over 75 years of age, a pregnant woman, a single parent with minor children, a person with mental disorders, a victim of trafficking in human beings or a person previously subjected to torture, rape or other serious forms of psychological, physical or sexual violence). Paragraph 3 of the Integration Procedure stipulates that the concept of vulnerable foreigners granted asylum includes the following categories: unaccompanied minors; pregnant women; persons previously subjected to torture; persons with mental disorders; persons with health disorders causing long-term incapacity for work or persons whose personal ability to learn, participate and act is diminished because of the negative effect of a disease, trauma, injury, congenital or childhood health disorders or environmental factors and require continuous surveillance and support of others; retired persons; single parents with minor children; families with minor children. 6

7 II. GOALS AND PRINCIPLES OF THE INTEGRATION POLICY FOR FOREIGNERS GRANTED ASYLUM 19. The purpose of the integration policy for foreigners granted asylum is to ensure a consistent and continuous implementation of FGA integration measures and the monitoring of integration processes, to develop the infrastructure for implementing the FGA Integration Policy and to ensure continuous respect for general principles of the EU integration policy and implementing directives (in particular, having regard to Article 29 of the Qualification Directive and Article 34 of the Convention relating to the Status of Refugees) and for international law commitments (e.g. Article 34 of the 1951 Refugee Convention stipulating that the Contracting Parties are to facilitate, as appropriate, the integration and naturalisation of refugees). Objectives of the integration policy for foreigners granted asylum 20. In shaping and implementing the FGA Integration Policy and measures in Lithuania, to implement general EU integration principles and efficiently apply EU directives de jure and de facto (with particular focus on Article 29 of the Qualification Directive and Article 34 of the Convention relating to the Status of Refugees) and to respect international law commitments (e.g. Article 34 of the 1951 Refugee Convention stipulating that the Contracting Parties are to facilitate, as appropriate, the integration and naturalisation of refugees); 21. To promote the development of FGA integration processes on the national and local levels (vertically) by creating State-coordinated FGA integration infrastructure involving non-governmental organisations and municipalities as the key providers of integration measures; to ensure the transparency and continuity of activities of nongovernmental organisations and municipalities as the key providers of integration services; to seek that integration measures for FGAs are in line with the goals and objectives of the integration policy. FGA integration is developed taking into account the results of studies completed in Lithuania, insights put forward by the academic community and international organisations and taking over successful experience of other countries more advanced in FGA integration; 22. In shaping and implementing the FGA Integration Policy, to promote intersectoral cooperation (horizontally) involving state authorities, non-governmental, employer, religious, sports and cultural organisations, schools, vocational and higher education establishments, local councils, communities, trade unions, the private sectors and FGAs; 23. To raise public awareness of immigration processes in Lithuania, to reduce stereotypes, bias and negative public outlook in respect of FGAs entering and residing in Lithuania; 24. To ensure continuous monitoring and evaluation of the asylum policy and FGA integration processes. 7

8 Principles of the integration policy for foreigners granted asylum 25. Integration. FGA integration is a multi-faceted, long-term and continuous process involving FGAs and all members of the community which seeks to empower and motivate FGAs to participate in integration measures while increasing the openness of the society, respect for diversity and a positive view of multiculturalism and enabling the use of customised integration measures. Integration is about not only the legal status of FGAs but also full family life, equal opportunities in labour and housing markets and in education when receiving services, civil rights and duties and opportunities to become Lithuanian nationals under preferential conditions. 26. Equal opportunities and non-discrimination. In developing and implementing the FGA Integration Policy, it is important to rely on provisions that help to ensure human rights and equal opportunities. Activities of state, private and non-governmental institutions and the cultural environment opening new opportunities for a cohesive society must be based on the values of respect for human rights and nondiscrimination. It should be noted that in its case-law the European Court of Human Rights has stated that where the relevant State is the only State which, objectively, can assume responsibility for a person in terms of social security, such a person is in an objectively similar situation to nationals of that State (Andrejeva v Latvia, No 55707/00, para 88). Given that an FGA does not have another State to take care of the protection of his or her rights, this provision must also apply to FGAs when establishing what social guarantees they are to be afforded; 27. Respect for diversity. In increasing the effectiveness of FGA integration, it is necessary to encourage a positive public opinion towards FGAs residing in Lithuania and to reduce manifestations of xenophobia and discrimination; 28. Social equality. Integration must be linked with the principles of social justice and people s ability to use their potential and to seek the goals set, which is why there is a need to reduce social inequality, vulnerability and exploitation of FGAs and to ensure the monitoring of working and living conditions and the accessibility of social security (support for employment, housing search, professional development and healthcare services, etc.). Article 29(1) of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted sets out that Member States ensure that beneficiaries of international protection receive, in the Member State that has granted such protection, the necessary social assistance as provided to nationals of that Member State. In accordance with paragraph 2 of that Article, by way of derogation from the general rule laid down in paragraph 1, Member States may limit social assistance granted to beneficiaries of subsidiary protection status to core benefits which will then be provided at the same level and under the same eligibility conditions as nationals. Given that, EU Member States must provide FGAs with such social assistance as to ensure at least the provision of the minimum level of subsistence. 8

9 29. Full participation and representation. In dealing with integration-related matters, there is a need to increase the involvement of FGAs and FGA organisations in policy shaping and implementation processes ensuring the representation of FGA interests; 30. Prospective eligibility. FGAs having met the statutory commitments acquire the right to permanent residence in the Republic of Lithuania and the nationality of the Republic of Lithuania (without applying any requirements that FGAs objectively could not meet because of their status); 31. Meeting various needs. Integration measures should reflect various FGA needs taking account of their legal status, vulnerability, age, gender, marital status and other social and demographic features. There is a need to take into account the specific situation of FGAs and their opportunities to produce original documents certifying their experience, education and others which in many cases FGAs cannot present. Integration measures 32. The purpose of long-term and short-term integration measures is to improve FGA integration instruments ensuring the implementation of the principles of integration, equal opportunities and non-discrimination, respect for diversity, social equality, full participation and representation, prospective eligibility and meeting various needs. 33. Short-term integration measures include provision of information, drawing up an individual integration plan with the involvement of FGAs proper, initiating mentorship, inclusion in the labour market, organisation of Lithuanian language and constitution courses, provision of individual and group consultations on legal, social and psychological issues, promotion of entrepreneurship and recognition of qualifications, drawing up and disseminating information materials (publications) (the list of measures is non-exhaustive). These measures are implemented by non-governmental organisations. Short-term integration measures must be accessible to all FGAs lawfully residing in Lithuania and their family members, irrespective of the grounds of their arrival and the type of their residence permit; these measures must be implemented taking into account all principles of non-discrimination and equal opportunities. 34. Long-term integration measures include public awareness raising, establishing a consultative integration forum, dealing with the problem of FGAs language barrier by organising integrated official language learning and citizenship courses for FGAs falling within socially excluded groups; providing individual and group consultations, organising training for leaders of informal ethnic groups and communities about requirements for establishing an association, administrative and financial management of an organisation, marketing, leadership and project development; linguistic (second foreign language), professional and multicultural development of Lithuanian linguists, social workers, migration specialists, teachers within the educational system, healthcare professionals and organisations working with immigrants; enhancing cooperation between institutions providing assistance to FGAs; improving curricula of higher education establishments focusing on intercultural communication; improving the FGA Integration Policy (the list of measures is non-exhaustive). Long-term integration measures must be accessible to all FGAs lawfully residing in Lithuania and their family members, irrespective of the grounds of their arrival and the type of their 9

10 residence permit; these measures must be implemented taking into account all principles of non-discrimination and equal opportunities. 35. Application of FGA integration measures: general integration measures apply to all FGAs under equal conditions, irrespective of the way of entry to Lithuania (arriving on their own or resettled by a decision of the Lithuanian Government). 10

11 III. ENSURING FGA INTEGRATION PROCESSES 36. The FGA Integration Policy and its implementation are the responsibility of the Government coordinating and supporting the involvement of other process participants (public authorities, non-governmental, employer, religious, sports and cultural organisations, schools, vocational and higher education establishments, local councils, communities, trade unions, the private sector and FGAs) in integration processes. EMPLOYMENT, LABOUR MARKET AND LEGAL ACTIVITY Current situation 37. Successful economic integration is achieved where foreigners (third-country nationals, FGAs or refugees) contribute to the economic growth of the host State and receive income ensuring the living of foreigners having arrived in Lithuania and their families at least not below the poverty threshold. In accordance with the Eurofound data, the key factors for successful integration in the labour market are the low unemployment rate among migrants, their integration in the highly-skilled labour market and the assurance of equal rights and opportunities in the area of employment (Eurofound, 2007). 38. Article 17(1) of the Convention relating to the Status of Refugees, establishes the State s obligation to accord refugees the most favourable treatment accorded to nationals of a foreign country in the same circumstances, as regards the right to engage in wage-earning employment. 39. Article 18 of the Convention relating to the Status of Refugees, establishes the State s obligation to accord refugees treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, as regards the right to engage on his own account in the various sectors of the welcoming country s economic life. 40. Article 24(1)(a)(b) of the Convention relating to the Status of Refugees, establishes the State s obligation to accord refugees the same treatment as is accorded to nationals in respect of labour legislation and social security. 41. In accordance with Articles 58(1)(1) and (3) of the Legal Status Law, both foreigners granted the refugee status and foreigners granted subsidiary protection are exempt from the obligation to obtain a work permit. These persons can therefore start to work under an employment contract as soon as they receive a residence permit in Lithuania. Meanwhile, before the asylum status and the residence permit in Lithuania are granted and during the asylum procedure while the person holds the asylum seeker status, they may not work in Lithuania. 42. In accordance with Articles 2(2) and (7) of the Law of the Republic of Lithuania on individual income tax, persons granted asylum in the Republic of Lithuania may engage in individual activity on the grounds of an individual activity certificate or a business certificate. Such persons may also engage in other legal activity and incorporate 11

12 various undertakings. 43. In accordance with the data of quantitative studies conducted in Lithuania, many FGAs residing in Lithuania (about 65.2%) used to work before arriving in Lithuania but when residing in Lithuania their employment rate was only half of that (only 34.8%). An analysis of those studies has also revealed that FGAs who have been unemployed in their country of origin tend to be inactive in the labour market in Lithuania. For instance, 34.8% of foreigners interviewed claimed that they were unemployed in their country of origin and their unemployment level in Lithuania increased to 65.2% (Žibas, 2013). 44. During the integration support period, support for employment allocated to FGAs covers the following measures: an introduction to the Lithuanian labour market, establishing opportunities, professional development through retraining or acquiring a new profession, information and, if appropriate, support for starting one s own business and support for employment under an employment contract (Article 42 of the Integration Procedure approved by an order of the Minister for Social Security and Labour). The authority ensuring integration may conclude a contract with the local labour exchange on the implementation of employment measures in accordance with a foreigner s individual labour market integration plan while vocational training may take place in accordance with customised programmes. The Integration Procedure provides for support for creating new jobs allocated from the integration support funds when concluding a contract with an employer. 45. Integration funds may be used to support a person granted asylum who incorporates his or her own business to obtain a business certificate or a licence and to purchase or lease work equipment (Articles 44 to 47 of the Integration Procedure approved by an order of the Minister for Social Security and Labour). 46. Apart from the employment support measures listed in the Integration Procedure, FGAs are also subject to the Law of the Republic of Lithuania on support for employment (Article 1(2)(2)) according to which support for employment is provided to FGAs on the same grounds as to Lithuanian nationals. It should also be noted that being an FGA for employment purposes does not automatically imply that the person belongs to a vulnerable group entitled to additional support and may be offered additional support measures. 47. Most FGAs look for opportunities to be employed and actively participate in the labour market. Work is viewed as a guarantee of economic prosperity and social integration. FGAs agree to do any kind of work irrespective of their educational background and wishes but more than half of foreigners involved in the study claimed that they were unable to find a job (52.1%) and a mere 6.3% of the respondents stated that the cause of their unemployment was subsistence by benefits. Almost a fifth (18.8%) indicated that they had children and did not actively search for a job because of that; 12.5% cannot find a job because they study; and 10.4% cited their incapacity for work (Žibas, 2013). 48. Studies conducted in the European Union Member States show that opportunities for female FGAs to actively participate in the labour market are often limited because of their childcare duties, family traditions prohibiting women to work if their husbands 12

13 are unemployed and gender and ethnicity stereotypes (Sansonetti, 2016), which is why female unemployment rates are particularly high in host countries immediately upon arrival and within 10 years of residence. In the long run the trend is reversed however. The example of Sweden shows that the employment situation of female refugees changes at a slower pace than that of male refugees but after the first 10 years of living in Sweden the employment rate increases significantly, which is closely linked with social policy measures promoting family and work life reconciliation and providing for flexible childcare options and rather generous parental leave schemes (European Parliament, 2016, p. 24). 49. Professional distribution of FGAs shows their preparedness to work in services where Lithuania currently faces a lack of the labour force. In Lithuania FGAs usually work as floor staff, hairdressers, construction workers (builders, finishers, welders, painters and building insulation installers), seamstresses, cooks, car mechanics, engineers and pastry makers (Žibas, 2013). 50. The lack of linguistic skills and support when looking for a job and inadequate level of education and/or qualifications are the main obstacles for foreigners to get employed. Thus, about three quarters of the respondents stressed insufficient knowledge of the language, about a half wished for more assistance in looking for a job and a little fewer than a half believed that they did not have an adequate level of education and/or qualifications (Žibas, 2013). 51. An analysis of the studies shows that foreigners rarely contact employers directly, only 16.7% of the respondents have done so. The least helpful in finding work were advertisements in printed media (8.3%) and the labour exchange (2.8%) (Žibas, 2013). 52. Denmark, Finland, Norway and Sweden have individualised integration programmes (support for integration) the ultimate goal of which is to ensure that adult refugees acquire basic language skills and are trained to enter the labour market or acquire education. There are also targeted initiatives such as special lectures on employment and trial jobs to facilitate the labour market entry for immigrants and refugees (UNHCR, 2014). Sweden and Denmark share a practice to enable arriving foreigners (refugees, FGAs or immigrants holding another status) to work in the private or in the public sector, with 80% of their job maintenance allocated from the municipal or state budget for a period of 6 to 24 months. Such employment is linked with language training at work organised by the municipality. A half of foreigners participating in such a programme remain employed in the labour market after the end of the programme (European Parliament, 2016, p. 38). 53. In Denmark the programme functions in a similar way. The initial phase is to conduct an individual evaluation of everyone s skills and have them enrolled in Danish language learning (for 4 to 8 weeks). After the end of the first phase, people are offered an opportunity to work as an assistant or trainee in an undertaking and to continue language courses. Employers are not given any financial responsibility, and it is the municipality that takes care of keeping the refugee or the FGA in the labour market (for 26 to 52 weeks) (European Parliament, 2016, p. 38). 13

14 Problems and challenges 54. Lithuania still offers no work opportunities for asylum seekers even though the European Union Member States are obliged to do so by Directive 2013/33/EU of the European Parliament and of the Council laying down standards for the reception of applicants for international protection. Article 15 of that Directive sets out that Member States ensure that applicants have access to the labour market no later than 9 months from the date when the application for international protection was lodged if a first instance decision by the competent authority has not been taken and the delay cannot be attributed to the applicant. This provision was to be transposed by 20 July 2015 but it has not been transposed into Lithuanian legislation. It should be noted that the inability to work during the asylum procedure cuts down opportunities for looking for integration solutions from the moment of arrival of asylum seekers in Lithuania and when they are granted asylum in Lithuania it makes it more difficult for them to access the labour market. The UNHCR urges countries to enable asylum seekers to work in 6 months. 55. Although FGAs are subject to the Law of the Republic of Lithuania on support for employment, being an FGA does not automatically imply that a person belongs to a vulnerable group entitled additional support (the list of such groups is included in Article 4(1)) and may be offered additional support measures such as subsidised employment; support for the acquisition of work skills; a contract for the acquisition of work skills and support for job creation, which would be particularly useful for integrating persons granted asylum into the labour market. 56. Not all support measures for employment provided for in the Integration Procedure are practically effective. Support for job creation and support for start-ups (paragraphs 46 and 47 of the Integration Procedure approved by an order of the Minister for Social Security and Labour) are in practice used only in exceptional cases. 57. Difficulties in finding a job, unemployment, low wages that fail to ensure family subsistence and living on benefits reflect the dependence of refugees on social integration measures offered by reception centres for refugees, scarce social resources and economic and social vulnerability associated with negative attitude on behalf of employers, co-workers and the public in general (UNHCR, 2014). 58. Studies conducted in Lithuania show that the FGA motivation to integrate into the labour market and become productive residents of Lithuania is significantly weakened by the disillusionment relating to prolonged job search, the understanding that they are undesirable in the country and the lack of intermediation support in looking for a job because refugees face the language barrier and it is difficult for them to obtain information about vacancies. Moreover, it is rather difficult to reach agencies that would help to find a job as possibilities of travelling between reception centres for refugees and bigger cities or between cities are limited because of low financial support (UNHCR, 2014). 59. Unsuccessful job search attempts and the readiness to do any work irrespective of the educational background in the country of origin and wishes with a view to adapting to labour market demands in Lithuania lead to the deskilling of foreigners granted asylum. This may be linked both with the labour market and the language barrier as 14

15 well as the (non-)recognition of qualifications acquired in the country of origin. Moreover, the readiness of foreigners to work for less prompts their exploitation and aggravates deprivation and the sense of dissatisfaction with the status quo. Such conditions in the long run hinder successful integration of FGAs and affect FGAs decision to leave Lithuania for Western Europe or Scandinavia (Žibas, 2013; Aleknevičienė, 2013). 60. Although many FGAs participate in professional qualification courses with a view to acquiring professions matching labour market demands, this is often futile in finding a job. FGAs participate in professional development courses without knowing the Lithuanian language (or having very little knowledge of it), which is why such courses are not always useful. Foreigners often have a professional qualification but lack work experience, which is why they do not get employed. 61. The language barrier creates numerous obstacles for foreigners who want to get employed, ensure the quality of working conditions, negotiate working hours and wages and prevent possible exploitation at work. Poor linguistic skills and/or lack thereof make it difficult to find information about work offers (Žibas, 2013; Aleknevičienė, 2013). 62. The negative attitude on behalf of employers and employees is one of the key obstacles to FGA employment and integration. The language barrier makes it more difficult for a foreigner to speak with the employer while stereotypes and bias lead to a negative assessment of FGAs ability to work, irrespective of their profession, qualification and/or work experience (Žibas, 2013, p ). 63. Looking for sources of livelihood, FGAs agree to take up unofficial employment and receive unofficial payment. This situation however poses a threat of exploitation, nonpayment of wages or payment of lower wages, absence of social guarantees, the economic and social precariousness of the foreigner s position and stronger lack of confidence in employers (Aleknevičienė, 2013). 64. Study results indicate that there is a lack of support for employment and inadequate intermediation services in Lithuania. The lack of services of social workers and curators as the key resources for employment aggravate high unemployment indicators among FGAs and eventually weaken their social ties with the society through the labour market. Measures and recommendations 65. To approve legislative provisions for a possibility to work during the examination of the asylum application. In accordance with Article 15 of Directive 2013/33/EU, the possibility to work must be afforded at least to those asylum seekers whose applications at a first instance are examined for longer than 9 months (which is the case in Lithuania where the file is returned to the first instance by the court). It would also make sense to consider ensuring that right for other asylum seekers whose applications are examined under the general procedure or who are very likely to be granted asylum in Lithuania (e.g. asylum seekers who are resettled or relocated or arrive from countries whose asylum-seeking nationals are usually granted asylum) (OECD, Making Integration Work, paragraph 18). 15

16 66. In Article 4(1) of the Law of the Republic of Lithuania on support for employment to include persons granted asylum in Lithuania as one of the groups of persons entitled to additional support. To apply all assisted employment measures and support for job creation to support the employment of such persons. 67. An analysis of FGAs employment and economic status shows that with a view to ensuring FGA employment there is a need to create favourable conditions for employment, learn the Lithuanian language, take positions in line with professional qualifications, enhance foreigners economic stability, create conditions for family and work life reconciliation and change the attitude of employers and co-workers. Dealing with these complex issues is one of the key factors for FGA social integration. 68. To promote cooperation between public authorities active in the area of integration and non-governmental organisations with a view to meeting complex needs of FGAs taking into account their individual needs, competences and qualifications and drawing up individual integration plans. 69. To enable FGAs to take joint language and vocational training courses as this facilitates faster integration into the labour market and the acquisition of professional skills required for a specific job. 70. To develop intermediation and assistance services of social workers and curators for FGA employment providing them with better opportunities for active participation in the labour market; to engage in a dialogue and strengthen ties with employers from the public and the private sectors and employer organisations for the sake of FGA employment and information exchange. 71. To organise training for expanding intercultural competences of the staff of the Lithuanian Labour Exchange and employers. 72. To ensure the dissemination of information among FGAs in a language they understand about employee rights and remedies available involving in this process the authorities protecting employee rights: the State Labour Inspectorate and trade unions. 73. For the Ministry of Social Security and Labour together with the Lithuanian Labour Exchange and organisations of socially responsible employers to create a single system network of job offers for refugees and regularly publicise it, to ensure continuous cooperation with employers, to create special incentives for employers employing refugees advertising the added value for their business and changing established negative stereotypes about refugees and asylum seekers. A dedicated system establishing connections between FGAs and Lithuanian employers is what could eventually even become a strong integration alternative where the main load associated with helping FGAs to integrate in Lithuania is shifted from the authorities to businesses and employers who would understand the usefulness of FGAs for the Lithuanian labour market and be interested in successful FGA integration. 74. To sum up, the recommendation is that with a view to ensuring effective FGA integration into the labour market curators of FGA social integration or the staff of the Lithuanian Labour Exchange should play a particular and active intermediation role 16

17 between employers and FGAs by: (1) collecting information about job offers from employers willing to help FGAs; (2) providing for FGA professional development relating to a specific job; (3) liaising with the employer and FGAs in the course of their labour relations and providing support in dealing with issues relating to intercultural matters. 75. To provide information about opportunities, requirements and procedures for starting one s own business and participating in activities of business incubators. To disseminate information about successful activities of FGAs businesses. To provide for and apply monitoring and evaluation mechanisms for FGA integration into the labour market: to monitor and evaluate the FGA employment rate, their status in the labour market, working conditions, the effect of various factors (gender, country of origin, ethnicity, language, religion, arrival circumstances, duration of the residence permit, etc.) on the FGA integration into the labour market, incapacity trends, possibilities to participate in the labour market enjoying equal rights with Lithuanian nationals, recognition of qualifications particularly paying attention to the fact that FGAs cannot produce documents certifying their qualifications, retraining trends, etc. EDUCATION AND LANGUAGE Current situation 76. Lithuanian language courses for adults and courses introducing the Lithuanian culture to persons granted asylum are organised by reception centres for refugees. With further integration continuing on the municipal level, Lithuanian language courses are organised by the authority ensuring integration. Lithuanian language courses take place for 190 hours (about 2 hours per day). After they are completed, during the integration programme FGAs sit for an official language examination. Should they fail for good reasons (mental health disorders, inability to learn what is given within the time allocated, etc.), an additional course of up to 100 hours may be envisaged, following which a person sits for the examination again during the course of the integration programme (paragraphs of the Integration Procedure approved by an order of the Minister for Social Security and Labour). 77. The data of studies conducted in Lithuania show that Lithuanian language learning becomes difficult for most refugees and asylum seekers because of mismatches between their needs and the teaching methodology proposed. Illiterate refugees or persons with poor educational backgrounds having no English or Russian language skills thought that language courses could not be as useful for them as they were for others because they were adapted to persons with higher levels of education. Some refugees mentioned that inadequate teacher skills and competences were an obstacle to quality language training. Moreover, according to refugees, the number of course hours was insufficient. Some refugees indicated that an intensive course would be useful. When assessing FGA language skills in Lithuanian, only 2% of the respondents stated that they could read (UNHCR, 2014; Žibas, 2013). 78. Qualitative surveys have revealed that closer relations with the local community would help refugees to learn the language better while employment and communication at work would enhance practical use and knowledge of the language. However, because of isolation, limited financial possibilities, intolerance and/or xenophobia or 17